Facebook Messenger Biometric Privacy Suit Will Stay in Illinois

Feb. 23, 2026, 4:41 PM UTC

Meta Platforms Inc. failed to convince a federal judge that a proposed class action over Facebook Messenger’s information collection practices was governed by California rather than Illinois law.

Although Facebook’s terms of service say disputes will be resolved under California law, enforcing that provision would violate fundamental Illinois policy, Judge Nancy J. Rosenstengel of the US District Court for the Southern District of Illinois said Feb. 20.

Illinois also has a greater interest in the case than California, she said.

The ruling allows the proposed class to maintain its claims under Illinois’ Biometric Information Privacy Act, which Rosenstengel said was ...

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